I140 priority date porting issue

[payallavania@rediffmail.com]

Guys,

I have a question:

I got an approved PERM and I140 in EB3 category with PD-21st Sep'2007.

I also got an approved PERM and I140 in EB2 category with PD-8th Dec'2010 with the same employer.

I asked my lawyer to port the EB3 PD date to EB2. They told that I do not require to do that. He is saying that whichever date becomes current first, I can apply my 485.

For example, as per current trend, if EB2 date becomes available for Sept'2007. I can directly apply my 485 without any porting.

I am not sure what they are saying is correct or not?

I am desperately looking for a reply. Experts please help.

Thanks,

Payal

[payallavania@rediffmail.com]

Can someone please help me with the info.......

[srinivas007]

Hi,

You would be able to apply for 485 if your PD is as close as possible. My advise would be to get your EB3 date ported on to the EB2 I-140. Then your EB2 would be current and good enough for 485.

If you keep on waiting as your attorney/lawyer/employer had said, its a waste of time. Hope this helps :)